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Publication Date: 2021-02-08
Practice Area: Evidence
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0128
The trial court erred in barring defendant from calling a witness to impeach a commonwealth witnesses' previously-admitted hearsay statement; however, the error was harmless as the evidence of defendant's guilt was overwhelming by comparison to the error such that it could not have contributed to the guilty verdict. The superior court affirmed defendant's conviction.
Publication Date: 2021-02-01
Practice Area: Evidence
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0022
Even assuming arguendo that plaintiff's liability expert's opinion involving the "rule of three" as applied to commercial drivers could be deemed novel science, the expert's opinions were sufficiently supported by the evidence of record, including empirical studies and industry research. The court denied defendants' motion to exclude.
Publication Date: 2021-01-11
Practice Area: Evidence
Industry: Health Care
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0002
The trial court committed reversible error in precluding plaintiff from offering evidence of decedent's statements to medical personnel about her symptoms and family medical history, as such testimony was admissible under the medical treatment hearsay exception in Pa.R.Evid. 803(4), which does not require testimony from a health care provider. The superior court granted plaintiff a new trial.
Publication Date: 2020-12-07
Practice Area: Evidence
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Cohn Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1336
Speaker of the house of representatives and chairman of the house of representatives appropriations committee sought protective orders to prevent petitioners from taking their depositions and court found they could not be required to appear for oral deposition but petitioners could serve written discovery requests. Motion granted in part.
Publication Date: 2020-11-23
Practice Area: Evidence
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1175
The assistant district attorney prosecuting this case against defendant was permitted to authorize one-party consensual interception of a witness's telephone conversations with defendant and employed a meticulous procedure to ensure that the teenage witness voluntarily provided her consent to the interceptions. The court denied in part defendant's omnibus pretrial motion to suppress.
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Publication Date: 2020-11-02
Practice Area: Evidence
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1120
The court allowed plaintiffs to offer the lay testimony of a witness regarding the speed of a boat involved in an accident under Pennsylvania Rule of Evidence 701, which allows a lay witness to offer opinion testimony that is rationally based on that witness's perception, helpful to understanding the witness's testimony and not based on scientific, technical or other specialized knowledge. The court denied in part defendants' motion in limine.
Publication Date: 2020-11-02
Practice Area: Evidence
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1193
Motion judge properly denied plaintiff's motion to compel the production of names of alleged reporters and victims of sexual abuse because a protective order was appropriate due to the highly sensitive nature of the identities of reporters and alleged victims but erred in allowing the claw-back of a name inadvertently revealed during discovery because the name was not privileged material. Order vacated in part and sustained in part.
Publication Date: 2020-10-26
Practice Area: Evidence
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1156
The trial court properly excluded evidence of defendant's pre-arrest breath test results given the unreliable nature of such results and the fact that excluding such evidence did not interfere with defendant's presentation of his voluntary intoxication defense in this first-degree murder case. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-10-26
Practice Area: Evidence
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1044
The court found a child was incompetent to testify due to lack of maturity, so the child's hearsay statement could not be admitted into evidence.
Publication Date: 2020-10-12
Practice Area: Evidence
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1011
The minor child's statement to her mother, which potentially described an incident of indecent assault by her father, was not admissible under the Tender Years Hearsay Act as there was no evidence that the child was unavailable to testify due to serious emotional distress that would impair her ability to reasonably communicate with the court. The court denied mother's petition.
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